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A Toronto South Detention Centre security official has testified in court that as far as he is aware, the Ontario government has no policies limiting the scope or use of lockdowns in provincial jails.

The official also conceded that lockdowns — in which inmates are confined to their cells, sometimes for days and often without access to fresh air, showers or phone calls — are much like solitary confinement.

“Depending on your point of view, they are quite similar,” said Michael MacLennan, security manager at the two-year-old Etobicoke superjail, which has been plagued by staffing-related lockdowns that have drawn the ire of judges, criminal defence lawyers and human rights groups.

The main differences: an inmate on lockdown will have a cell partner and possibly a view of the common-room TV, MacLennan said, while an inmate in solitary (also called segregation) won’t have TV, but may have better access to showers and phones.

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Court was abruptly adjourned Friday midway through his testimony because further jail records were revealed to be in existence that had not been provided to defence lawyer Michael Leitold or the Crown.

“Somebody should have twigged to this ... in terms of what was provided and what wasn’t,” said Ontario Court Justice Mary Hogan, reserving judgment on whether anyone is to blame.

Gregory Chaytor arrives at Old City Hall as his sentencing hearing looks into problems at the Toronto South Detention Centre. (Marcus Oleniuk)

MacLennan was testifying in a sentencing hearing for Gregory Chaytor, 29, who was arrested on drug charges in August 2014 and spent seven months in pretrial custody at the Toronto South. Chaytor pleaded guilty to production of marijuana and possession of methamphetamine for the purpose of trafficking.

In a sentencing application, Chaytor alleges he was subjected to “frequent and ever-increasing” lockdowns at the Toronto South, amounting to “arbitrary administrative segregation.” He alleges he didn’t get appropriate medical or mental health care.

The application argues Chaytor’s time in custody violates the United Nations’ “Standard Minimum Rules for the Treatment of Prisoners.” It also alleges that Toronto South interfered with Chaytor’s rights under Canada’s Charter of Rights and Freedoms, including his right to be free from cruel and unusual punishment and his right to security of person.

Chaytor is seeking an enhanced credit of 1.75 days’ credit for each day served before trial — an amount beyond the statutory maximum of 1.5 — as a remedy for the alleged rights violations.

“When you’re locked up for long periods of time it eats away at you,” and you begin to “lose your mind,” he told court in December.

In testimony, Chaytor alleged the Toronto South lockdown records do not reflect the actual number of days inmates on his unit spent confined to their cells. Jail records provided to the defence suggested the institution was locked down for 43 days from August 2014 to March 2015, roughly 20 per cent of the time Chaytor was incarcerated.

Chaytor said his unit was on lockdown 50 to 60 per cent of the time, during which he had limited or no access to showers, fresh air, visits with his lawyer and family, or rehabilitative programs. Chaytor recalled being locked down over the Christmas and New Year’s holidays in December 2014 and January 2015, though records did not indicate a lockdown. He said the entire jail was locked down for “almost the whole month of February.”

MacLennan testified that in his opinion it is highly unlikely a lockdown would go undocumented. He estimated 60 to 70 per cent of lockdowns are related to staffing shortages and said the jail hired 25 new correctional officers last month.

Chaytor also alleged he received no treatment for serious drug withdrawal when he arrived. Jail records suggested he was not assessed by a nurse until a week after he was admitted and he did not see a psychiatrist for three weeks, which led to a month-long delay in getting the medication he had previously taken for depression.

Mary Dwyer, manager of health-care services at Toronto South, testified in December that a nurse visits all units three or four times a day, whether the jail is on lockdown or not. She said it “might take us longer” to deliver health care during lockdowns, but critical needs “are met for sure,” while less urgent matters are attended to in time.

In cross-examination last week, she admitted the jail had a nursing shortage when Chaytor entered in August 2014 and agreed there were delays in his care, but said she still felt he was being monitored. The case will continue in May, which is the soonest Chaytor could get a new court date.

Lauren Callighen, spokeswoman for Community Safety and Correctional Services Minister Yasir Naqvi, said it would be inappropriate to comment on matters before the court. “But it is important to note that our top priority is always the safety and security and both staff and inmates within our correctional facilities,” she wrote in an email. “We work hard every day to ensure that inmates receive the same access to health care in our institutions as they would in the community.”

Health-care services manager Mary Dwyer of the Toronto South Detention Centre denied any knowledge of reports about health-care concerns at the jail. (Todd Korol)

The most surprising moment in the Chaytor hearing came during Dwyer’s testimony. Questioned by the defence on a series of front-page stories in the Star describing staff and inmate complaints about inadequate medical services, Dwyer said she had never seen the articles. “I don’t read newspapers . . . which as you know are not accurate,” she told the court.

Through repeated questioning Dwyer insisted she had never heard about the reports, and had never been pointed to them or otherwise made aware of their existence. The stories revealed that the jail infirmary was closed and sick inmates were being housed in solitary confinement. The defence also asked her about several Ontario Court decisions in which judges criticized health care at the institution. “First time I’m hearing it,” Dwyer said.

Some of the events that eluded her:

January 2014

The Toronto South begins accepting inmates. The 1,650-bed institution in south Etobicoke is a maximum-security jail for adult males built to replace the Don Jail and Toronto West Detention Centre. It holds offenders serving sentences less than two years and inmates awaiting trial.

Dec. 18, 2014

The Star reveals Toronto South has been operating without an infirmary for a year, placing sick inmates in solitary. The Ministry of Community Safety and Correctional Services blames “commissioning activities, including recruitment of new staff.” Dave Graves, correctional officer and union representative, says nurses are understaffed and cannot meet demands.

Dec. 22, 2014

Ontario Ombudsman André Marin threatens to launch a systemic investigation into the jail unless the ministry immediately moves to get sick inmates out of solitary. Minister Yasir Naqvi says correctional services staff are doing their best to find a solution for the “unacceptable” situation.

Jan. 10, 2015

The Star reports sick inmates will be housed in solitary until at least April while the government searches for doctors to staff the health facilities. The story reveals the ministry only began recruiting infirmary staff in December, nearly a year after the jail opened.

Jan. 23, 2015

Jamie Simpson, a former inmate, launches a human rights complaint against the province, alleging he was held in solitary for three months after other inmates protested about his HIV-positive status. His complaint describes “deplorable and filthy conditions” in the segregation unit, where sick prisoners are being held.

Feb. 13, 2015

The Star reports Toronto South prisoners are on lockdown after a week of violence and security concerns, including an inmate suicide and the discovery that a set of jail master keys are missing. The lockdown lasts a week, according to reports from union officials at the time.

April-September 2015

Judges take notice. Ontario Court Justice Elliott Allen diverts two offenders from possible jail time at the South, citing inadequate medical facilities. Justice Melvyn Green gives a man who brought a loaded handgun to a Toronto park a reduced sentence due to “oppressive and medically compromising” pretrial jail conditions.

June 2015

Frustrated inmates begin writing letters and complaining to media about routine lockdowns. One group, in a letter obtained by the Star urges the public to “help us.” The ministry says the infirmary is now open.

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